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Sub. H. B. No. 315 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Antonio, Bishoff, Adams, R., Amstutz, Anielski, Ashford, Baker, Barborak, Barnes, Beck, Blair, Blessing, Boose, Brown, Buchy, Burkley, Celebrezze, Cera, Conditt, Derickson, DeVitis, Driehaus, Duffey, Foley, Green, Grossman, Hackett, Hagan, R., Hall, Hayes, Henne, Hill, Huffman, Johnson, Kunze, Landis, Letson, Maag, McClain, Milkovich, O'Brien, Patmon, Patterson, Pelanda, Perales, Pillich, Ramos, Reece, Retherford, Rogers, Rosenberger, Ruhl, Sears, Sheehy, Slaby, Smith, Stautberg, Stebelton, Stinziano, Sykes, Thompson, Williams, Winburn, Young Speaker Batchelder
A BILL
To amend sections 3711.12 and 3719.41 and to enact
sections 3711.13 and 3711.30 of the Revised Code
to require reports to the Department of Health
regarding newborns diagnosed as opioid dependent,
to update the chemical name for a type of
controlled substance, and to specify procedures
for granting variances or waivers of any
requirement in the rules governing operation of
maternity homes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3711.12 and 3719.41 be amended and
sections 3711.13 and 3711.30 of the Revised Code be enacted to
read as follows:
Sec. 3711.12. (A) The director of health shall adopt rules in
accordance with Chapter 119. of the Revised Code as the director
considers necessary to implement the requirements of this chapter
for licensure and operation of maternity units, newborn care
nurseries, and maternity homes. The rules shall include provisions
for the following:
(1) Licensure application forms and procedures;
(2) Renewal procedures, including procedures that address the
right of the director of health, at the director's sole
discretion, to conduct an inspection prior to renewal of a
license;
(3) Initial license fees and license renewal fees;
(4) Fees for inspections conducted by the director under
section 3711.10 of the Revised Code;
(5) Safety standards, quality-of-care standards, and
quality-of-care data reporting requirements;
(6) Reporting and auditing requirements;
(7) Inspection criteria, procedures, and guidelines;
(8) Application forms to be used and procedures to be
followed in applying under section 3711.13 of the Revised Code for
a variance or waiver of any of the requirements of the rules
adopted under this section regarding the operation of a maternity
home;
(9) Any other rules necessary to implement this chapter.
(B) When adopting rules under this section, the director
shall give consideration to recommendations regarding obstetric
and newborn care issued by the American college of obstetricians
and gynecologists; American academy of pediatrics; American
academy of family physicians; American society of
anesthesiologists; American college of nurse-midwives; United
States centers for disease control and prevention; association of
women's health, obstetric and neonatal nurses; and association of
perioperative registered nurses, or their successor organizations.
The director shall also consider the recommendations of the
maternity and newborn advisory council established in section
3711.20 of the Revised Code.
Sec. 3711.13. (A) A board of health may grant a variance
from or waiver of any of the requirements established in rules
adopted under section 3711.12 of the Revised Code regarding the
operation of a maternity home.
(B) Each maternity home seeking a variance or waiver shall
file an application with the board of health of the city or
general health district in which the maternity home is located.
The application shall be made on the form and in accordance with
the procedures specified in rules adopted under section 3711.12 of
the Revised Code.
(C) The board of health shall review all applications
received. Not later than forty-five days after receiving an
application, the board shall determine whether to grant the
variance or waiver and shall notify the applicant in writing of
the board's decision.
(D) Both of the following apply to a board of health in
determining whether to grant a variance or waiver:
(1) A variance shall be granted to an applicant if the board
determines that the intent of a requirement has been met by the
applicant in an alternate manner.
(2) A waiver shall be granted if the board determines that
strict application of a requirement would cause an undue hardship
to the applicant and that granting the waiver would not jeopardize
the health and safety of any patient or resident.
(E) If a board of health denies a variance or waiver
requested by a maternity home, the home may appeal the denial by
filing a notice of appeal with the director of health. The notice
must be filed not later than thirty days after the board's denial
of the request.
Not later than forty-five days after the notice of appeal is
filed, the director shall either affirm the board's denial or
grant the variance or waiver. The director shall notify the board
and the maternity home in writing of the director's action.
(F) Notwithstanding any other provision of this section, the
director may void the board's granting of a waiver or variance
issued under this section. The director shall notify the board and
the maternity home in writing of the director's action not later
than forty-five days after the decision to void.
Sec. 3711.30. (A) As used in this section, "opioid" means
opium, opium derivatives, and synthetic opium substitutes.
(B) Each maternity unit, newborn care nursery, and maternity
home shall report to the department of health the number of
newborns born to residents of this state in the unit, nursery, or
home during the preceding calendar quarter that were diagnosed as
opioid dependent at birth. The reports shall be submitted not
later than thirty days after the end of each quarter and shall not
include any patient-identifying information.
(C) The department shall establish standards and procedures
for reporting the information required by this section. The
information reported under this section shall not be used for law
enforcement purposes or disclosed to law enforcement authorities.
(D) The department shall compile the information submitted
under this section and make a summary of that information
available to the public not later than ninety days after the end
of each calendar year.
Sec. 3719.41. Controlled substance schedules I, II, III, IV,
and V are hereby established, which schedules include the
following, subject to amendment pursuant to section 3719.43 or
3719.44 of the Revised Code.
SCHEDULE I
Any of the following opiates, including their isomers,
esters, ethers, salts, and salts of isomers, esters, and ethers,
unless specifically excepted under federal drug abuse control
laws, whenever the existence of these isomers, esters, ethers, and
salts is possible within the specific chemical designation:
(1) Acetyl-alpha-methylfentanyl
(N-[1-(1-methyl-2-phenethyl)-4-piperidinyl]-N-phenylacetamide);
(4) Alphacetylmethadol (except levo-alphacetylmethadol, also
known as levo-alpha-acetylmethadol, levomethadyl acetate, or
LAAM);
(7) Alpha-methylfentanyl
(N-[1-(alpha-methyl-beta-phenyl)ethyl-4-piperidyl] propionanilide;
1-(1-methyl-2-phenylethyl)-4-(N-propanilido) piperidine);
(8) Alpha-methylthiofentanyl
(N-[1-methyl-2-(2-thienyl)ethyl-4-piperidinyl]-N-
phenylpropanamide);
(11) Beta-hydroxyfentanyl
(N-[1-(2-hydroxy-2-phenethyl-4-piperidinyl]-N- phenylpropanamide);
(12) Beta-hydroxy-3-methylfentanyl (other name:
N-[1-(2-hydroxy-2-phenethyl)-3-methyl-4-piperidinyl]-N-
phenylpropanamide);
(23) Dimethylthiambutene;
(24) Dioxaphetyl butyrate;
(26) Ethylmethylthiambutene;
(33) Levophenacylmorphan;
(34) 3-methylfentanyl
(N-[3-methyl-1-(2-phenylethyl)-4-piperidyl]-N- phenylpropanamide);
(35) 3-methylthiofentanyl
(N-[3-methyl-1-[2-(thienyl)ethyl]-4-piperidinyl]-N-
phenylpropanamide);
(37) MPPP (1-methyl-4-phenyl-4-propionoxypiperidine);
(42) Para-fluorofentanyl
(N-(4-fluorophenyl)-N-[1-(2-phenethyl)-4-piperidinyl]propanamide;
(43) PEPAP (1-(2-phenethyl)-4-phenyl-4-acetoxypiperidine;
(53) Thiofentanyl
(N-phenyl-N-[1-(2-thienyl)ethyl-4-piperidinyl]-propanamide;
(B) Narcotics-opium derivatives
Any of the following opium derivatives, including their
salts, isomers, and salts of isomers, unless specifically excepted
under federal drug abuse control laws, whenever the existence of
these salts, isomers, and salts of isomers is possible within the
specific chemical designation:
(2) Acetyldihydrocodeine;
(4) Codeine methylbromide;
(10) Etorphine (except hydrochloride salt);
(14) Methyldihydromorphine;
(15) Morphine methylbromide;
(16) Morphine methylsulfonate;
Any material, compound, mixture, or preparation that contains
any quantity of the following hallucinogenic substances, including
their salts, isomers, and salts of isomers, unless specifically
excepted under federal drug abuse control laws, whenever the
existence of these salts, isomers, and salts of isomers is
possible within the specific chemical designation. For the
purposes of this division only, "isomer" includes the optical
isomers, position isomers, and geometric isomers.
(1) Alpha-ethyltryptamine (some trade or other names:
etryptamine; Monase; alpha-ethyl-1H-indole-3-ethanamine;
3-(2-aminobutyl) indole; alpha-ET; and AET);
(2) 4-bromo-2,5-dimethoxyamphetamine (some trade or other
names: 4-bromo-2,5-dimethoxy-alpha-methyphenethylamine;
4-bromo-2,5-DMA);
(3) 4-bromo-2,5-dimethoxyphenethylamine (some trade or other
names: 2-(4-bromo-2,5-dimethoxyphenyl)-1-aminoethane;
alpha-desmethyl DOB; 2C-B, Nexus);
(4) 2,5-dimethoxyamphetamine (some trade or other names:
2,5-dimethoxy-alpha-methylphenethylamine; 2,5-DMA);
(5) 2,5-dimethoxy-4-ethylamphetamine (some trade or other
names: DOET);
(6) 4-methoxyamphetamine (some trade or other names:
4-methoxy-alpha-methylphenethylamine; paramethoxyamphetamine;
PMA);
(7) 5-methoxy-3,4-methylenedioxy-amphetamine;
(8) 4-methyl-2,5-dimethoxy-amphetamine (some trade or other
names: 4-methyl-2,5-dimethoxy-alpha-methylphenethylamine; "DOM"
and "STP");
(9) 3,4-methylenedioxy amphetamine (MDA);
(10) 3,4-methylenedioxymethamphetamine (MDMA);
(11) 3,4-methylenedioxy-N-ethylamphetamine (also known as
N-ethyl-alpha-methyl-3,4(methylenedioxy)phenethylamine, N-ethyl
MDA, MDE, MDEA);
(12) N-hydroxy-3,4-methylenedioxyamphetamine (also known as
N-hydroxy-alpha-methyl-3,4(methylenedioxy)phenethylamine and
N-hydroxy MDA);
(13) 3,4,5-trimethoxy amphetamine;
(14) Bufotenine (some trade or other names:
3-(beta-dimethylaminoethyl)-5-hydroxyindole;
3-(2-dimethylaminoethyl)-5-indolol; N, N-dimethylserotonin;
5-hydroxy-N, N-dimethyltryptamine; mappine);
(15) Diethyltryptamine (some trade or other names: N,
N-diethyltryptamine; DET);
(16) Dimethyltryptamine (some trade or other names: DMT);
(17) Ibogaine (some trade or other names:
7-ethyl-6,6beta,7,8,9,10,12,13-octahydro-2-methoxy-6,9-methano-
5H-pyrido[1',2':1,2] azepino [5, 4-b] indole; tabernanthe iboga);
(18) Lysergic acid diethylamide;
(21) Parahexyl (some trade or other names: 3-hexyl-1-
hydroxy-7,8,9,10-tetrahydro-6,6,9-trimethyl-6H-dibenzo[b,d]pyran;
synhexyl);
(22) Peyote (meaning all parts of the plant presently
classified botanically as "Lophophora williamsii Lemaire," whether
growing or not, the seeds of that plant, any extract from any part
of that plant, and every compound, manufacture, salts, derivative,
mixture, or preparation of that plant, its seeds, or its
extracts);
(23) N-ethyl-3-piperidyl benzilate;
(24) N-methyl-3-piperidyl benzilate;
(27) Tetrahydrocannabinols (synthetic equivalents of the
substances contained in the plant, or in the resinous extractives
of Cannabis, sp. and/or synthetic substances, derivatives, and
their isomers with similar chemical structure and pharmacological
activity such as the following: delta-1-cis or trans
tetrahydrocannabinol, and their optical isomers; delta-6-cis or
trans tetrahydrocannabinol, and their optical isomers;
delta-3,4-cis or trans tetrahydrocannabinol, and its optical
isomers. (Since nomenclature of these substances is not
internationally standardized, compounds of these structures,
regardless of numerical designation of atomic positions, are
covered.));
(28) Ethylamine analog of phencyclidine (some trade or other
names: N-ethyl-1-phenylcyclohexylamine;
(1-phenylcyclohexyl)ethylamine; N-(1-phenylcyclohexyl)ethylamine;
cyclohexamine; PCE);
(29) Pyrrolidine analog of phencyclidine (some trade or other
names: 1-(1-phenylcyclohexyl)pyrrolidine; PCPy; PHP);
(30) Thiophene analog of phencyclidine (some trade or other
names: 1-[1-(2-thienyl)-cyclohexyl]-piperidine; 2-thienyl analog
of phencyclidine; TPCP; TCP);
(31) 1-[1-(2-thienyl)cyclohexyl]pyrrolidine;
(35)
(1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone
(UR-144);
(36) 1-pentyl-3-(1-adamantoyl)indole (AB-001);
(37) N-adamantyl-1-pentylindole-3-carboxamide;
(38) N-adamantyl-1-pentylindazole-3-carboxamide (AKB48);
(39) 2-ethylamino-2-(3-methoxyphenyl)cyclohexanone
(methoxetamine);
(40) N,N-diallyl-5-methoxytryptamine (5MeO-DALT);
(41)
[1-(5-fluoropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-fluoropentyl-UR-144; XLR11);
(42)
[1-(5-chloropentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-chloropentyl-UR-144);
(43)
[1-(5-bromopentylindol-3-yl)]-(2,2,3,3-tetramethylcyclopropyl)methanone
(5-bromopentyl-UR-144);
(44)
{1-[2-(4-morpholinyl)ethyl]indol-3-yl}-(2,2,3,3-tetramethylcyclopropyl)
methanone (A-796,260);
(45)
1-[(N-methylpiperidin-2-yl)methyl]-3-(1-adamantoyl)indole
(AM1248);
(46) N-adamantyl-1-(5-fluoropentylindole)-3-carboxamide;
(47) 5-(2-aminopropyl)benzofuran (5-APB);
(48) 6-(2-aminopropyl)benzofuran (6-APB);
(49) 5-(2-aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
(50) 6-(2-aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
(51) Benzothiophenylcyclohexylpiperidine (BTCP);
(52) 2-(2,5-Dimethoxy-4-ethylphenyl)ethanamine (2C-E);
(53) 2-(2,5-Dimethoxy-4-methylphenyl)ethanamine (2C-D);
(54) 2-(4-Chloro-2,5-dimethoxyphenyl)ethanamine (2C-C);
(55) 2-(4-Iodo-2,5-dimethoxyphenyl)ethanamine (2C-I);
(56) 2-[4-(Ethylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-2);
(57) 2-[4-(Isopropylthio)-2,5-dimethoxyphenyl]ethanamine
(2C-T-4);
(58) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
(59) 2-(2,5-Dimethoxy-4-nitro-phenyl)ethanamine (2C-N);
(60) 2-(2,5-Dimethoxy-4-(n)-propylphenyl)ethanamine (2C-P);
(61) 4-methoxymethamphetamine (PMMA);
(62) 5,6 - Methylenedioxy-2-aminoindane (MDAI);
(63) 5-iodo-2-aminoindiane (5-IAI);
(64) 2-(4-iodo-2,5-dimethoxyphenyl)-N-
[(2-methoxyphenyl)methyl]ethanamine(25I-NBOMe);
(65) Diphenylprolinol (diphenyl(pyrrolidin-2-yl)methanol,
D2PM);
(66) Desoxypipradrol (2-benzhydrylpiperidine);
(67) Synthetic cannabinoids - unless specifically excepted or
unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of a synthetic
cannabinoid found to be in any of the following chemical groups or
any of those groups which contain any synthetic cannabinoid salts,
isomers, or salts of isomers, whenever the existence of such
salts, isomers, or salts of isomers is possible within the
specific chemical groups:
(a) Naphthoylindoles: any compound containing a
3-(1-naphthoyl)indole structure with or without substitution at
the nitrogen atom of the indole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthoylindoles include, but are not limited to,
1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM2201),
1-pentyl-3-(1-naphthoyl)indole (JWH-018), and
1-butyl-3-(1-naphthoyl)indole (JWH-073).
(b) Naphthylmethylindoles: any compound containing a
1H-indol-3-yl-(1-naphthyl)methane structure with or without
substitution at the nitrogen atom of the indole ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthylmethylindoles include, but are not limited to,
(1-pentylindol-3-yl)(1-naphthyl)methane (JWH-175).
(c) Naphthoylpyrroles: any compound containing a
3-(1-naphthoyl)pyrrole structure with or without substitution at
the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the pyrrole ring to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthoylpyrroles include, but are not limited to,
1-hexyl-2-phenyl-4-(1-naphthoyl)pyrrole (JWH-147).
(d) Naphthylmethylindenes: any compound containing a
naphthylmethylideneindene structure with or without substitution
at the 3-position of the indene ring by an alkyl, haloalkyl,
alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the indene group to any
extent or whether or not substituted on the naphthyl group to any
extent. Naphthylmethylindenes include, but are not limited to,
(1-[(3-pentyl)-1H-inden-1-ylidene)methyl]naphthalene (JWH-176).
(e) Phenylacetylindoles: any compound containing a
3-phenylacetylindole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl,
cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl,
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl, or
2-(4-morpholinyl)ethyl group, whether or not further substituted
on the indole ring to any extent or whether or not substituted on
the phenyl group to any extent. Phenylacetylindoles include, but
are not limited to, 1-pentyl-3-(2-methoxyphenylacetyl)indole
(JWH-250), and
1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
(f) Cyclohexylphenols: any compound containing a
2-(3-hydroxycyclohexyl)phenol structure with or without
substitution at the 5-position of the phenolic ring by an alkyl,
haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
(N-methylpiperidin-2-yl)methyl, cyanoalkyl,
(N-methylpyrrolidin-2-yl)methyl, (tetrahydropyran-4-yl)methyl,
((N-methyl)-3-morpholinyl)methyl, or 2-(4-morpholinyl)ethyl group,
whether or not further substituted on the cyclohexyl group to any
extent. Cyclohexylphenols include, but are not limited to,
5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
(some trade or other names: CP-47,497) and
5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (some
trade or other names: cannabicyclohexanol; CP-47,497 C8
homologue).
(g) Benzoylindoles: any compound containing a 3-(1-naphthoyl
1-benzoyl)indole structure with or without substitution at the
nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
cycloalkylmethyl, cycloalkylethyl, (N-methylpiperidin-2-yl)methyl,
cyanoalkyl, (N-methylpyrrolidin-2-yl)methyl,
(tetrahydropyran-4-yl)methyl, ((N-methyl)-3-morpholinyl)methyl or
2-(4-morpholinyl)ethyl group, whether or not further substituted
on the indole ring to any extent or whether or not substituted on
the phenyl group to any extent. Benzoylindoles include, but are
not limited to, 1-pentyl-3-(4-methoxybenzoyl)indole (RCS-4),
1-[2-(4-morpholinyl)ethyl]-2-methyl-3-(4-methoxybenzoyl)indole
(Pravadoline or WIN 48, 098).
Any material, compound, mixture, or preparation that contains
any quantity of the following substances having a depressant
effect on the central nervous system, including their salts,
isomers, and salts of isomers, unless specifically excepted under
federal drug abuse control laws, whenever the existence of these
salts, isomers, and salts of isomers is possible within the
specific chemical designation:
Unless specifically excepted or unless listed in another
schedule, any material, compound, mixture, or preparation that
contains any quantity of the following substances having a
stimulant effect on the central nervous system, including their
salts, isomers, and salts of isomers:
(1) Aminorex (some other names: aminoxaphen;
2-amino-5-phenyl-2-oxazoline; or
4,5-dihydro-5-phenyl-2-oxazolamine);
(3) (+/-)cis-4-methylaminorex
((+/-)cis-4,5-dihydro-4-methyl-5-phenyl-2-oxazolamine);
(5) N,N-dimethylamphetamine (also known as
N,N-alpha-trimethyl-benzeneethanamine;
N,N-alpha-trimethylphenethylamine);
(6) N-methyl-1-(thiophen-2-yl) propan-2-amine
(Methiopropamine);
(7) Substituted cathinones - any compound except bupropion or
compounds listed under a different schedule, structurally derived
from 2-aminopropan-1-one by substitution at the 1-position with
either phenyl, naphthyl, or thiophene ring systems, whether or not
the compound is further modified in any of the following ways:
(a) By substitution in the ring system to any extent with
alkyl, alkylenedioxy, alkoxy, haloalkyl, hydroxyl, or halide
substituents, whether or not further substituted in the ring
system by one or more other univalent substituents;
(b) By substitution at the 3-position with an acyclic alkyl
substituent;
(c) By substitution at the 2-amino nitrogen atom with alkyl,
dialkyl, benzyl, or methoxybenzyl groups;
(d) By inclusion of the 2-amino nitrogen atom in a cyclic
structure.
Examples of substituted cathinones include, but are not
limited to, methylone (3,4-methylenedioxymethcathinone), MDPV
(3,4-methylenedioxypyrovalerone), mephedrone
(4-methylmethcathinone), 4-methoxymethcathinone,
4-fluoromethcathinone, 3-fluoromethcathinone, Pentedrone
(2-(methylamino)-1-phenyl-1-pentanone), pentylone
(1-(1,3-benzodioxol-5-yl)-2-(methylamino)-1-pentanone),
2-(1-pyrrolidinyl)-1-(4-methylphenyl)-1-propanone, alpha-PVP
(1-phenyl-2-(1-pyrrodinyl)-1-pentanone), cathinone
(2-amino-1-phenyl-1-propanone), and methcathinone
(2-(methylamino)-propiophenone).
SCHEDULE II
(A) Narcotics-opium and opium derivatives
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
substances whether produced directly or indirectly by extraction
from substances of vegetable origin, independently by means of
chemical synthesis, or by a combination of extraction and chemical
synthesis:
(1) Opium and opiate, and any salt, compound, derivative, or
preparation of opium or opiate, excluding apomorphine,
thebaine-derived butorphanol, dextrorphan, nalbuphine, nalmefene,
naloxone, and naltrexone, and their respective salts, but
including the following:
(c) Opium fluid extracts;
(i) Etorphine hydrochloride;
(2) Any salt, compound, derivative, or preparation thereof
that is chemically equivalent to or identical with any of the
substances referred to in division (A)(1) of this schedule, except
that these substances shall not include the isoquinoline alkaloids
of opium;
(3) Opium poppy and poppy straw;
(4) Coca leaves and any salt, compound, derivative, or
preparation of coca leaves (including cocaine and ecgonine, their
salts, isomers, and derivatives, and salts of those isomers and
derivatives), and any salt, compound, derivative, or preparation
thereof that is chemically equivalent to or identical with any of
these substances, except that the substances shall not include
decocainized coca leaves or extraction of coca leaves, which
extractions do not contain cocaine or ecgonine;
(5) Concentrate of poppy straw (the crude extract of poppy
straw in either liquid, solid, or powder form that contains the
phenanthrene alkaloids of the opium poppy).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any of the following
opiates, including their isomers, esters, ethers, salts, and salts
of isomers, esters, and ethers, whenever the existence of these
isomers, esters, ethers, and salts is possible within the specific
chemical designation, but excluding dextrorphan and
levopropoxyphene:
(5) Bulk dextropropoxyphene (non-dosage forms);
(11) Levo-alphacetylmethadol (some other names:
levo-alpha-acetylmethadol; levomethadyl acetate; LAAM);
(16) Methadone-intermediate,
4-cyano-2-dimethylamino-4,4-diphenyl butane;
(17) Moramide-intermediate,
2-methyl-3-morpholino-1,1-diphenylpropane-carboxylic acid;
(18) Pethidine (meperidine);
(19) Pethidine-intermediate-A,
4-cyano-1-methyl-4-phenylpiperidine;
(20) Pethidine-intermediate-B,
ethyl-4-phenylpiperidine-4-carboxylate;
(21) Pethidine-intermediate-C,
1-methyl-4-phenylpiperidine-4-carboxylic acid;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system:
(1) Amphetamine, its salts, its optical isomers, and salts of
its optical isomers;
(2) Methamphetamine, its salts, its isomers, and salts of its
isomers;
(4) Phenmetrazine and its salts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(2) Gamma-hydroxy-butyrate;
(5) Phencyclidine (some trade or other names:
1-(1-phenylcyclohexyl)piperidine; PCP);
(7) 1-aminophenylcyclohexane and all N-mono-substituted
and/or all N-N-disubstituted analogs including, but not limited
to, the following:
(a) 1-phenylcyclohexylamine;
(b) (1-phenylcyclohexyl) methylamine;
(c) (1-phenylcyclohexyl) dimethylamine;
(d) (1-phenylcyclohexyl) methylethylamine;
(e) (1-phenylcyclohexyl) isopropylamine;
(f) 1-(1-phenylcyclohexyl) morpholine.
(E) Hallucinogenic substances
(1) Nabilone (another name for nabilone:
(+)-trans-3-(1,1-dimethylheptyl)-6,6a,7,8,10,10a-hexahydro-1-
hydroxy-6,6-dimethyl-9H-dibenzo[b,d]pyran-9-one).
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances:
(1) Immediate precursor to amphetamine and methamphetamine:
(a) Phenylacetone (some trade or other names:
phenyl-2-propanone; P2P; benzyl methyl ketone; methyl benzyl
ketone);
(2) Immediate precursors to phencyclidine (PCP):
(a) 1-phenylcyclohexylamine;
(b) 1-piperidinocyclohexanecarbonitrile (PCC).
SCHEDULE III
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) All stimulant compounds, mixtures, and preparations
included in schedule III pursuant to the federal drug abuse
control laws and regulations adopted under those laws;
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a depressant effect on the central
nervous system:
(1) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital, or any salt of any of
these drugs, and one or more other active medicinal ingredients
that are not listed in any schedule;
(2) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs and
approved by the food and drug administration for marketing only as
a suppository;
(3) Any substance that contains any quantity of a derivative
of barbituric acid or any salt of a derivative of barbituric acid;
(5) Ketamine, its salts, isomers, and salts of isomers (some
other names for ketamine:
(+/-)-2-(2-chlorophenyl)-2-(methylamino)-cyclohexanone);
(9) Sulfondiethylmethane;
(12) Tiletamine, zolazepam, or any salt of tiletamine or
zolazepam (some trade or other names for a tiletamine-zolazepam
combination product: Telazol); (some trade or other names for
tiletamine: 2-(ethylamino)-2-(2-thienyl)-cyclohexanone); (some
trade or other names for zolazepam: 4-(2-fluorophenyl)-6,8-
dihydro-1,3,8-trimethylpyrazolo-[3, 4-e][1,4]-diazepin-7(1H)-one;
flupyrazapon).
(D) Narcotics-narcotic preparations
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with an equal or
greater quantity of an isoquinoline alkaloid of opium;
(2) Not more than 1.8 grams of codeine per 100 milliliters or
not more than 90 milligrams per dosage unit, with one or more
active, nonnarcotic ingredients in recognized therapeutic amounts;
(3) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with a
fourfold or greater quantity of an isoquinoline alkaloid of opium;
(4) Not more than 300 milligrams of dihydrocodeinone per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(5) Not more than 1.8 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(6) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(7) Not more than 500 milligrams of opium per 100 milliliters
or per 100 grams or not more than 25 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts;
(8) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams, with one or more active, nonnarcotic
ingredients in recognized therapeutic amounts.
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, esters, isomers, and
salts of esters and isomers, whenever the existence of these
salts, esters, and isomers is possible within the specific
chemical designation:
(1) Anabolic steroids. Except as otherwise provided in
division (E)(1) of schedule III, "anabolic steroids" means any
drug or hormonal substance that is chemically and
pharmacologically related to testosterone (other than estrogens,
progestins, and corticosteroids) and that promotes muscle growth.
"Anabolic steroids" does not include an anabolic steroid that is
expressly intended for administration through implants to cattle
or other nonhuman species and that has been approved by the United
States secretary of health and human services for that
administration, unless a person prescribes, dispenses, or
distributes this type of anabolic steroid for human use. "Anabolic
steroid" includes, but is not limited to, the following:
(b) Chlorotestosterone (4-chlortestosterone);
(d) Dehydrochlormethyltestosterone;
(e) Dihydrotestosterone (4-dihydrotestosterone);
(i) Formebulone (formebolone);
(bb) Any salt, ester, isomer, or salt of an ester or isomer
of a drug or hormonal substance described or listed in division
(E)(1) of schedule III if the salt, ester, or isomer promotes
muscle growth.
(F) Hallucinogenic substances
(1) Dronabinol (synthetic) in sesame oil and encapsulated in
a soft gelatin capsule in a United States food and drug
administration approved drug product (some other names for
dronabinol: (6aR-trans)-6a,7,8,10a-tetrahydro-
6,6,9-trimethyl-3-pentyl-6H-dibenzo[b,d]pyran-1-ol, or
(-)-delta-9-(trans)-tetrahydrocannabinol).
SCHEDULE IV
Unless specifically excepted by federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, or their salts calculated as the free anhydrous
base or alkaloid, in limited quantities as set forth below:
(1) Not more than one milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit;
(2) Dextropropoxyphene
(alpha-(+)-4-dimethylamino-1,2-diphenyl-3-methyl-2-
propionoxybutane)[final dosage forms].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts, isomers, and salts of
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(32) Methylphenobarbital (mephobarbital);
Any material, compound, mixture, or preparation that contains
any quantity of the following substances, including their salts,
their optical isomers, position isomers, or geometric isomers, and
salts of these isomers, whenever the existence of these salts,
isomers, and salts of isomers is possible within the specific
chemical designation:
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances having a stimulant effect on the central
nervous system, including their salts, their optical isomers,
position isomers, or geometric isomers, and salts of these
isomers, whenever the existence of these salts, isomers, and salts
of isomers is possible within the specific chemical designation:
(1) Cathine ((+)-norpseudoephedrine);
(8) Pemoline (including organometallic complexes and chelates
thereof);
(12) SPA [(-)-1-dimethylamino-1,2-diphenylethane].
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any quantity of the
following substances, including their salts:
(2) Butorphanol (including its optical isomers).
SCHEDULE V
Unless specifically excepted under federal drug abuse control
laws or unless listed in another schedule, any material, compound,
mixture, or preparation that contains any of the following
narcotic drugs, and their salts, as set forth below:
(B) Narcotics-narcotic preparations
Narcotic drugs containing non-narcotic active medicinal
ingredients. Any compound, mixture, or preparation that contains
any of the following narcotic drugs, or their salts calculated as
the free anhydrous base or alkaloid, in limited quantities as set
forth below, and that includes one or more nonnarcotic active
medicinal ingredients in sufficient proportion to confer upon the
compound, mixture, or preparation valuable medicinal qualities
other than those possessed by narcotic drugs alone:
(1) Not more than 200 milligrams of codeine per 100
milliliters or per 100 grams;
(2) Not more than 100 milligrams of dihydrocodeine per 100
milliliters or per 100 grams;
(3) Not more than 100 milligrams of ethylmorphine per 100
milliliters or per 100 grams;
(4) Not more than 2.5 milligrams of diphenoxylate and not
less than 25 micrograms of atropine sulfate per dosage unit;
(5) Not more than 100 milligrams of opium per 100 milliliters
or per 100 grams;
(6) Not more than 0.5 milligram of difenoxin and not less
than 25 micrograms of atropine sulfate per dosage unit.
Unless specifically exempted or excluded under federal drug
abuse control laws or unless listed in another schedule, any
material, compound, mixture, or preparation that contains any
quantity of the following substances having a stimulant effect on
the central nervous system, including their salts, isomers, and
salts of isomers:
(1) Ephedrine, except as provided in division (K) of section
3719.44 of the Revised Code;
Section 2. That existing sections 3711.12 and 3719.41 of the
Revised Code are hereby repealed.
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